Alaska 2023-2024 Regular Session

Alaska House Bill HJR11 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	-1- Enrolled HJR 11
2		-	S T A T E O F A L A S K A
3		-	THE LEGISLATURE
4	1
5		-	2023
	2	+	HJR011a -1- HJR 11
	3	+	New Text Underlined [DELETED TEXT BRACKETED]
6	4
7		-	Legislative
8		-	Source Resolve No.
9		-	HJR 11 7
	5	+	33-LS0548\A
10	6
11	7
12	8
13	9
14	10
	11	+	HOUSE JOINT RESOLUTION NO. 11
	12	+
	13	+	IN THE LEGISLATURE OF THE STATE OF ALASKA
	14	+
	15	+	THIRTY-THIRD LEGISLATURE - FIRST SESSION
	16	+
	17	+	BY REPRESENTATIVES STAPP, Carri ck, Dibert, Tomaszewski, Prax, Cronk, McCabe, Coulombe, Vance,
	18	+	Wright, Saddler
	19	+
	20	+	Introduced: 3/8/23
	21	+	Referred: Resources
15	22
16	23
	24	+	A RESOLUTION
17	25
	26	+	Urging the United States Environmental Protection Agency to develop a woodstove 1
	27	+	certification program that addresses the threat to clean and healthy winter air in 2
	28	+	Fairbanks; and urging the state Department of Environmental Conservation to develop 3
	29	+	an economically and legally defensible state implementation plan for the Fairbanks 4
	30	+	North Star Borough nonattainment area. 5
	31	+	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: 6
	32	+	WHEREAS, in November 2009, the United States Environmental Protection Agency 7
	33	+	designated part of the Fairbanks North Star Borough a nonattainment area for fine particle 8
	34	+	pollution; and 9
	35	+	WHEREAS, in May 2017, the United States Environmental Protection Agency 10
	36	+	reclassified the Fairbanks North Star Borough nonattainment area from moderate to serious 11
	37	+	for particulate matter 2.5 (PM2.5), which are fine inhalable particles with diameters that are 12
	38	+	generally 2.5 micrometers and smaller; and 13
	39	+	WHEREAS PM2.5 pollution is of serious concern and is harmful to the health of 14
	40	+	vulnerable Alaskans subjected to it; and 15 33-LS0548\A
	41	+	HJR 11 -2- HJR011a
	42	+	New Text Underlined [DELETED TEXT BRACKETED]
18	43
	44	+	WHEREAS, in the winter, PM2.5 concentrations in the Fairbanks North Star 1
	45	+	Borough nonattainment area routinely exceed federal health-based standards; and 2
	46	+	WHEREAS air quality issues could affect large-scale economic development, 3
	47	+	including military expansion; and 4
	48	+	WHEREAS studies have identified wood burning as the greatest contributor of 5
	49	+	PM2.5 pollution; and 6
	50	+	WHEREAS the state Department of Environmental Conservation has developed a 7
	51	+	state implementation plan to address wood burning as the root cause of PM2.5 pollution; and 8
	52	+	WHEREAS actual PM2.5 pollution measured across the Fairbanks North Star 9
	53	+	Borough nonattainment area has halved as the result of efforts taken under the state 10
	54	+	Department of Environmental Conservation's moderate and serious state implementation 11
	55	+	plans; and 12
	56	+	WHEREAS a significant reduction in PM2.5 emissions has been attributed to the 13
	57	+	replacement of solid fuel burning appliances, also known as woodstoves, with either new 14
	58	+	United States Environmental Protection Agency-certified solid fuel burning appliances or 15
	59	+	non-solid fuel burning appliance alternatives; and 16
	60	+	WHEREAS United States Environmental Protection Agency-certified appliances 17
	61	+	installed in the Fairbanks North Star Borough nonattainment area did not decrease PM2.5 18
	62	+	emissions when compared to previously installed solid fuel burning appliances because of the 19
	63	+	United States Environmental Protection Agency's failure to competently manage and 20
	64	+	implement testing standards for this program; and 21
	65	+	WHEREAS the United States Environmental Protection Agency approved the state 22
	66	+	Department of Environmental Conservation's standards for wood-fired heating devices and 23
	67	+	solid fuel burning appliance control measures from the serious state implementation plan in 24
	68	+	September 2021, effectively supporting the state Department of Environmental Conservation's 25
	69	+	finding that the United States Environmental Protection Agency's national wood heater 26
	70	+	certification program is deeply flawed; and 27
	71	+	WHEREAS, at the national policy level, the United States Environmental
	72	+	Protection 28
	73	+	Agency seems intent on turning attentions toward so-called greener sources of heat, including 29
	74	+	electric heat pumps that will not work as solutions in the Fairbanks North Star Borough 30
	75	+	because the second law of thermodynamics states that heat always moves from hotter objects 31 33-LS0548\A
	76	+	HJR011a -3- HJR 11
	77	+	New Text Underlined [DELETED TEXT BRACKETED]
19	78
20		-	Urging the United States Environmental Protection Agency to develop a woodstove
21		-	certification program that addresses the threat to clean and healthy winter air in Fairbanks;
22		-	and urging the state Department of Environmental Conservation to develop an economically
23		-	and legally defensible state implementation plan for the Fairbanks North Star Borough
24		-	nonattainment area.
	79	+	to colder objects, unless energy in some form is supplied to reverse the direction of heat flow; 1
	80	+	and 2
	81	+	WHEREAS residents of the Fairbanks North Star Borough need adequate and 3
	82	+	affordable sources of heat in harsh subarctic winter conditions, and the state Department of 4
	83	+	Environmental Conservation has acknowledged that a pathway for the use of solid fuel 5
	84	+	burning appliances is essential to these Alaskans; and 6
	85	+	WHEREAS the state Department of Environmental Conservation's state 7
	86	+	implementation plan was crafted in adherence to an enormous effort from the local 8
	87	+	stakeholders group; and 9
	88	+	WHEREAS the United States Environmental Protection Agency has yet to provide a 10
	89	+	working model necessary to dismiss overly burdensome and expensive controls on local 11
	90	+	power plants that insignificantly contribute to air pollution during air alert days in the 12
	91	+	Fairbanks North Star Borough; and 13
	92	+	WHEREAS the United States Environmental Protection Agency proposes to mandate 14
	93	+	these more expensive controls, even though such an investment would be unlikely to reduce 15
	94	+	exposure to unhealthy air; and 16
	95	+	WHEREAS the United States Environmental Protection Agency would further 17
	96	+	mandate ultra-low-sulfur diesel for home heating oil, driving up the cost of living for residents 18
	97	+	of the Fairbanks North Star Borough; and 19
	98	+	WHEREAS these actions will drive residents to solid fuel burning appliances as a 20
	99	+	source of heat; and 21
	100	+	WHEREAS the United States Environmental Protection Agency has nevertheless 22
	101	+	reverted to a liability-averse course of disapproval for the state Department of Environmental 23
	102	+	Conservation's state implementation plan that would impose costly and burdensome 24
	103	+	regulations; 25
	104	+	BE IT RESOLVED that the Alaska State Legislature urges the United States 26
	105	+	Environmental Protection Agency to develop a woodstove certification program that the state 27
	106	+	Department of Environmental Conservation and residents of the Fairbanks North Star 28
	107	+	Borough nonattainment area can rely on to address the core threat to clean and healthy winter 29
	108	+	air in Fairbanks; and be it 30
	109	+	FURTHER RESOLVED that the Alaska State Legislature urges the state
	110	+	31 33-LS0548\A
	111	+	HJR 11 -4- HJR011a
	112	+	New Text Underlined [DELETED TEXT BRACKETED]
25	113
26		-	_______________
27		-
28		-
29		-
30		-
31		-
32		-	BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA:
33		-
34		-	WHEREAS, in November 2009, the United States Environmental Protection Agency
35		-	designated part of the Fairbanks North Star Borough a nonattainment area for fine particle
36		-	pollution; and
37		-	WHEREAS, in May 2017, the United States Environmental Protection Agency
38		-	reclassified the Fairbanks North Star Borough nonattainment area from moderate to serious
39		-	for particulate matter 2.5 (PM2.5), which are fine inhalable particles with diameters that are
40		-	generally 2.5 micrometers and smaller; and
41		-	WHEREAS PM2.5 pollution is of serious concern and is harmful to the health of
42		-	Enrolled HJR 11 -2-
43		-	vulnerable Alaskans subjected to it; and
44		-	WHEREAS, in the winter, PM2.5 concentrations in the Fairbanks North Star
45		-	Borough nonattainment area routinely exceed federal health-based standards; and
46		-	WHEREAS air quality issues could affect large-scale economic development,
47		-	including military expansion; and
48		-	WHEREAS studies have identified wood burning as the greatest contributor of
49		-	PM2.5 pollution; and
50		-	WHEREAS the state Department of Environmental Conservation has developed a
51		-	state implementation plan to address wood burning as the root cause of PM2.5 pollution; and
52		-	WHEREAS actual PM2.5 pollution measured across the Fairbanks North Star
53		-	Borough nonattainment area has halved as the result of efforts taken under the state
54		-	Department of Environmental Conservation's moderate and serious state implementation
55		-	plans; and
56		-	WHEREAS a significant reduction in PM2.5 emissions has been attributed to the
57		-	replacement of solid fuel burning appliances, also known as woodstoves, with either new
58		-	United States Environmental Protection Agency-certified solid fuel burning appliances or
59		-	non-solid fuel burning appliance alternatives; and
60		-	WHEREAS United States Environmental Protection Agency-certified appliances
61		-	installed in the Fairbanks North Star Borough nonattainment area did not decrease PM2.5
62		-	emissions when compared to previously installed solid fuel burning appliances because of the
63		-	United States Environmental Protection Agency's failure to competently manage and
64		-	implement testing standards for this program; and
65		-	WHEREAS the United States Environmental Protection Agency approved the state
66		-	Department of Environmental Conservation's standards for wood-fired heating devices and
67		-	solid fuel burning appliance control measures from the serious state implementation plan in
68		-	September 2021, effectively supporting the state Department of Environmental Conservation's
69		-	finding that the United States Environmental Protection Agency's national wood heater
70		-	certification program is deeply flawed; and
71		-	WHEREAS, at the national policy level, the United States Environmental Protection
72		-	Agency seems intent on turning attentions toward so-called greener sources of heat, including
73		-	electric heat pumps, that will not work as solutions in the Fairbanks North Star Borough
74		-	-3- Enrolled HJR 11
75		-	because the second law of thermodynamics states that heat always moves from hotter objects
76		-	to colder objects, unless energy in some form is supplied to reverse the direction of heat flow;
77		-	and
78		-	WHEREAS residents of the Fairbanks North Star Borough need adequate and
79		-	affordable sources of heat in harsh subarctic winter conditions, and the state Department of
80		-	Environmental Conservation has acknowledged that a pathway for the use of solid fuel
81		-	burning appliances is essential to these Alaskans; and
82		-	WHEREAS the state Department of Environmental Conservation's state
83		-	implementation plan was crafted in adherence to an enormous effort from the local
84		-	stakeholders group; and
85		-	WHEREAS the United States Environmental Protection Agency has yet to provide a
86		-	working model necessary to dismiss overly burdensome and expensive controls on local
87		-	power plants that insignificantly contribute to air pollution during air alert days in the
88		-	Fairbanks North Star Borough; and
89		-	WHEREAS the United States Environmental Protection Agency proposes to mandate
90		-	these more expensive controls, even though such an investment would be unlikely to reduce
91		-	exposure to unhealthy air; and
92		-	WHEREAS the United States Environmental Protection Agency would further
93		-	mandate ultra-low-sulfur diesel for home heating oil, driving up the cost of living for residents
94		-	of the Fairbanks North Star Borough; and
95		-	WHEREAS these actions will drive residents to solid fuel burning appliances as a
96		-	source of heat; and
97		-	WHEREAS the United States Environmental Protection Agency has nevertheless
98		-	reverted to a liability-averse course of disapproval for the state Department of Environmental
99		-	Conservation's state implementation plan that would impose costly and burdensome
100		-	regulations;
101		-	BE IT RESOLVED that the Alaska State Legislature urges the United States
102		-	Environmental Protection Agency to develop a woodstove certification program that the state
103		-	Department of Environmental Conservation and residents of the Fairbanks North Star
104		-	Borough nonattainment area can rely on to address the core threat to clean and healthy winter
105		-	air in Fairbanks; and be it
106		-	Enrolled HJR 11 -4-
107		-	FURTHER RESOLVED that the Alaska State Legislature urges the state
108		-	Department of Environmental Conservation to continue efforts to develop and defend a state
109		-	implementation plan for the Fairbanks North Star Borough serious nonattainment area that
110		-	acknowledges the unique challenges Alaskans face, is economically and technically feasible,
111		-	and is legally defensible, while avoiding costly and burdensome requirements that further
112		-	such hardships; and be it
113		-	FURTHER RESOLVED that the Alaska State Legislature urges the state
114		-	Department of Environmental Conservation to investigate all options to defend its state
115		-	implementation plan, which reflects the community's needs and engagement, from federal
116		-	attack, in court if necessary.
117		-	COPIES of this resolution shall be sent to the Honorable Joseph R. Biden, President
118		-	of the United States; the Honorable Kamala D. Harris, Vice President of the United States and
119		-	President of the U.S. Senate; the Honorable Deb Haaland, United States Secretary of the
120		-	Interior; the Honorable Michael S. Regan, Administrator of the U.S. Environmental
121		-	Protection Agency; and the Honorable Lisa Murkowski and the Honorable Dan Sullivan, U.S.
122		-	Senators, and the Honorable Mary Peltola, U.S. Representative, members of the Alaska
123		-	delegation in Congress.
	114	+	Department of Environmental Conservation to continue efforts to develop and defend a state 1
	115	+	implementation plan for the Fairbanks North Star Borough serious nonattainment area that 2
	116	+	acknowledges the unique challenges Alaskans face, is economically and technically feasible, 3
	117	+	and is legally defensible, while avoiding costly and burdensome requirements that further 4
	118	+	such hardships; and be it 5
	119	+	FURTHER RESOLVED that the Alaska State Legislature urges the state 6
	120	+	Department of Environmental Conservation to investigate all options to defend its state 7
	121	+	implementation plan, which reflects the community's needs and engagement, from federal 8
	122	+	attack, in court if necessary. 9
	123	+	COPIES of this resolution shall be sent to the Honorable Joseph R. Biden, President 10
	124	+	of the United States; the Honorable Kamala D. Harris, Vice President of the United States and 11
	125	+	President of the U.S. Senate; the Honorable Deb Haaland, United States Secretary of the 12
	126	+	Interior; and the Honorable Michael S. Regan, Administrator of the U.S. Environmental 13
	127	+	Protection Agency; and the Honorable Lisa Murkowski and the Honorable Dan Sullivan, U.S. 14
	128	+	Senators, and the Honorable Mary Peltola, U.S. Representative, members of the Alaska 15
	129	+	delegation in Congress. 16